Jharkhand High Court
Sangeeta Devi vs Kashi Prasad Mishra on 9 December, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 70 of 2016
1. Sangeeta Devi
2. Miss. Ritu Kumari
3. Vivek Kumar
4. Ansh Kumar ............ Appellants
Versus
1. Kashi Prasad Mishra
2. Tata AIG General Insurance Co. Ltd.
East Singhbhum............ Respondents
......
Coram: Hon'ble Mr. Justice Ananda Sen
......
For the Appellants : Mr. A.K.Das, Advocate
For the Insurance Company : Mr. Ashutosh Anand, Advocate
For Respondent No. 1 : Mr. A.K.Sahani, Advocate
......
09/09.12.2021 Heard Mr. A.K.Das, learned counsel for the claimants-appellants,
Mr. Ashutosh Anand, learned counsel for the Insurance Company and Mr.
A.K.Sahani, learned counsel for the owner of the vehicle.
2. This appeal is at the instance of the claimants-appellants against
the judgment dated 31.10.2015, passed in W.C. Case No. 5 of 2013, by the
Presiding Officer, Labour Court, Jamshedpur, whereby the owner of the
vehicle was directed to pay the amount of compensation absolving the
insurance company.
3. The short question, which has been raised by the counsel for the
appellants, is that the insurance company should not have been absolved
from the liability considering the fact that the vehicle was duly insured
with it. He submits that the insurance company should have been directed
to satisfy the award with a right to recover the same from the owner of the
vehicle. In support of his contention, learned counsel for the appellants
has relied upon the judgment of the Hon'ble Supreme Court in the case of
"Pappu and Others- versus- Vinod Kumar Lamba and Another, reported in (2018)
3 SCC 208".
4. Learned counsel appearing on behalf of the Insurance Company
submits that there is violation of the terms and conditions of the policy. He
submits that admittedly, the vehicle was a private vehicle and was being
run on hire thus, the insurance company is not liable to indemnify the
owner of the vehicle.
5. Mr. A.K.Sahani, learned counsel appearing on behalf of the owner
of the vehicle submits that since the vehicle was duly insured, the
insurance company will be liable to pay the compensation amount.
6. After hearing the parties and on going through the impugned
judgment, I find that a claim was filed under the Workmen Compensation
Act. The deceased admittedly, was driver of the vehicle bearing
Registration No. JH05AH-0193. It is alleged that on 15.10.2012, at night,
when the vehicle stopped near the Yavraj Hotel on National Highway-33,
Chandil, some miscreants overpowered the driver and killed him and fled
away with the vehicle. On the aforesaid fact, claim application was filed. It
is an admitted case that the vehicle was duly insured with Tata AIG
General Insurance Company Limited for the period from 02.03.2012 to
01.03.2013. This clearly suggests that the vehicle was duly insured with
the insurance company. Neither the counsel appearing for the insurance
company nor the owner of the vehicle disputed the aforesaid fact.
7. The Labour Court, thereafter, considering the evidence and
materials on record, awarded compensation to the tune of Rs.5,19,950/-
and directed the owner of the vehicle to pay the aforesaid compensation
amount alongwith an interest of 12% p.a. from the date of filing of the
claim case on the ground that there is violation of the terms and
conditions of the policy. Para-25 of the judgment deals with the violation of
the policy. The Court below has held that the vehicle was a private
registered vehicle but the owner was using the same on hire for
commercial purpose. This fact, since proved, the Court concluded that
there is violation of the terms and conditions of the policy. There is no
ground to differ with the aforesaid finding.
8. On the aforesaid finding, the Labour Court directed the owner/
opposite party to pay the amount of compensation absolving the insurance
company.
9. Now, the only question, in this appeal, is as to whether absolving
the insurance company was correct or not and whether the appeal at the
instance of the claimants is maintainable or not. A similar question fell for
consideration before the Hon'ble Supreme Court in the case of "Pappu and
Others- versus- Vinod Kumar Lamba and Another" (supra). In the aforesaid
case, the High Court of Judicature of Allahabad absolved the insurance
company and directed the owner to pay the amount on the ground that it
was found that the vehicle was being driven by a person, who was not
having a valid license. The Hon'ble Supreme Court in Para- 16 to 19 of the
aforesaid judgment, dealt with the issue. Be it noted that the appeal before
the Hon'ble Supreme Court was filed by the claimants, wherein the
claimants prayed that the insurance company may be directed to pay the
compensation amount with a right to recover the amount from the owner
of the vehicle.
10. The Hon'ble Supreme Court, in Para-16 to 19, has dealt with the
aforesaid issued and ultimately, relying upon the judgment of the Supreme
Court in the case of "National Insurance Company Ltd.- Versus- Swaran Singh
and Others, reported in (2004) 3 SCC 297", directed the insurance company to
pay the amount of compensation and recover the same from the owner of
the vehicle.
As the issue involved in this case is same to that of the issue
involved in the aforesaid case, the judgment of Hon'ble Supreme Court
should be followed in this case also.
11. Since the vehicle was insured, I direct the insurance company to
pay the amount of compensation alongwith interest to the claimants with
a liberty to recover the same from the owner of the vehicle. Since no other
grounds have been raised in this case including the amount of
compensation, I have not dealt any other issue in this judgment.
12. With the aforesaid observation, this appeal is allowed and the
judgment of the Labour Court is hereby modified accordingly with a
direction to the insurance company to pay the amount of compensation to
the claimants and recover the same from the owner of the vehicle.
This appeal is thus, allowed.
(Ananda Sen, J)
Mukund/-cp.2
